BADUVAKUNHI BEARY Vs. VENKATESHA SHANBHONGUE

JUDGEMENT

(1.) This revision petition under S.18 of the Mysore Small Causes Court Act 1964 (hereinafter referred to as the Act), is directed against the judgment and decree dated 21-3-1969 passed in SCS No. 253/1967 on the file of the Munsiff, Puttur, South Kanara, directing the petitioner herein (the defendant in that suit) to pay Rs. 71-53 towards arrears of rent and future mesne profits at the rale of Rs. 3 per month with interest at 5 per cent and aiso to hand over vacant possession of the suit house to the respondent-plaintiff within two months.

(2.) The suit was for recovery of arrears of rent and future mesne profits at Rs.3 per month with interest at 5 per cent and also for recovery of possession of the suit house. The case of the respondent-plaintiff was that the petitioner was in possession of the suit house as a tenant under him and tne agreed rent was Rs. 3 per month, that he was in arrears ot rent from January 1966, that in spite of a demand notice issued to him on 22-10-1967 to pay up all the arrears of rent and hand over vacant possession of the suit house by the end of November 1967 he did not comply with it, and that therefore he was obliged to file the suit.

(3.) The petitioner-defendant resisted the suit and inter alia contended that he was not a tenant under the respondent. He further pleaded that the suit house belongs to M/s.Muthappa Gowda and Monnappa Gowda, that ho was occupying the house as a tenant under them, and that his tenancy was evidenced by a 'Sthala badige chit' executed by him in their favour agreeing to any a rent of Rs.30.